Commencement of procedure to prepare the regulation of the auction for allocation of frequency user rights in the bands of 700 MHz and other bands

It is hereby made public, pursuant to number 1 of article 98 of the Administrative Procedure Code, that the Board of Directors of the Autoridade Nacional de Comunicações (ANACOM), in exercising its regulatory power, established in subparagraph a) of number 2 of article 9, in article 10 and in subparagraph b) of number 1 of article 26, all the Statutes, approved by Decree-Law no. 39/2015, of 16 March, and the responsibilities incumbent upon in it, pursuant to number 1 and 5 of article 15, number 3 of article 19, numbers 1, 3, 5, 7 and 8 of article 30 and in article 31, all of Law no. 5/2004, of 10 February das Comunicações Eletrónicas - LCE (Electronic Communications Law), in the wording currently in force, decided, on 31 October 2019, to commence the procedure for drafting the regulation of the auction for allocation of frequency user rights in the bands of 700 MHz, 900 MHz, 1800 MHz, 2.1 GHz, 2.6 GHz and 3.6 GHz.

Effectively, in cases where the use of frequencies is dependent on the allocation of user rights, this is entrusted to ANACOM, under the combined terms of number 3 of article 19 and number 1 of article 30 of the LCE. ANACOM is also responsible for approving the regulations for allocation of frequency user rights when involving selection procedures, namely auction, unless this concerns frequencies accessible, for the first time, in the context of electronic communications or, if this is not applicable, are intended to be used for new services, in which cases the Government is responsible (see numbers 5, 7 and 8 of article 35 of the LCE). The established selection procedures and criteria must be objective, transparent, non-discriminatory and proportional, taking into account the regulatory objectives set out in article 5 of the LCE.

Under this scenario, ANACOM approved, on 22 October 2019, the draft decision of limitation of the number of frequency user rights to be allocated in the frequency bands of 700 MHz, 900 MHz, 1800 MHz, 2.1 GHz, 2.6 GHz and 3.6 GHz, having considered that auction would be the most suitable procedure for the effect. Pursuant to article 8 of the LCE, this draft decision was submitted to the general consultation procedure.

Thus, the regulation that will be endorsed aims to establish the conditions of access to the spectrum provided to the market, the procedural rules of the auction and the conditions that will be associated to use of the allocated spectrum, with ANACOM having expressed some of its considerations on this matter in the annex included in the aforesaid draft decision of 22 October 2019.

Stakeholders may, within 20 business days1, counting from this publicising, send ANACOM written contributions and suggestions that they believe should be considered in the drafting of this regulation, to the email address

Stakeholders may subsequently comment on the draft Regulation, which will be submitted to public consultation in conformity with the provisions in article 10 of the Statutes of ANACOM, by publication on ANACOM's institutional website and in the 2nd Series of Diário da República.

ANACOM will appraise the contributions and suggestions submitted by the stakeholders and, with the approval of the Regulation in question, will provide a report containing reference to all the contributions received, as well as an overall appraisal reflecting ANACOM's view on them and the grounds of the options taken.

1 Up to 2 December 2019.